[Jim Hill]

Won’t the defense simply argue that the votes were cast on (or before) election day, but only that the administrative act of counting the votes wasn’t completed on that day?

[rxsid]

"Won’t the defense simply argue that the votes were cast on (or before) election day, but only that the administrative act of counting the votes wasn’t completed on that day?"

Well, they could certainly try to argue that, but it would be going against a unanimous SCOTUS decision (& ironically, a 9th circuit case as well). Explained in post #16.